The Building Safety Act 2022 and Associated Legislation 2023


Following the Grenfell disaster on 14 June 2017 and resultant Hackitt Review, Government has put in place legislation that changes the building safety regulatory landscape for tall residential occupancy type buildings.

Following the enactment of The Building Safety Act 2022 on 28 April 2022, secondary associated legislation was made and laid before Parliament in August 2023 and comes into force on the 1 October 2023.

Dave Allen, Director of Building Control said – “These are far-reaching changes to the building regulatory system and Cook Brown are ideally placed to de-mystify and guide our clients through the complexities of the legislation and provide prompt, impartial and accurate building control advice.”

Below is a simple guide to how the procedural changes may affect those working on new-build or alterations to tall residential buildings in England and Wales.

What is a Higher-risk building (HRB)?

A building or linked-together structures that contains at least two residential units with an occupied level at least 18M from ground level, or has at least 7 storeys.

A building that comprises of entirely a secure residential institution, hotels or military barracks is not classified as an HRB. Flats, apartments and student accommodation are classified as HRBs.

What types of building work are subject to the Building Safety Act?

The erection of an HRB or any building work within a HRB is subject to the provisions in the Building Safety Act and from 1 October 2023 an online building control application will need to be made to the HSE BSR under Gateways 2 and 3. We are unable to act as the building control body but can act as consultants to support a BSR application.

Transitional Provisions

A application will not be required to be submitted to the BSR and we can act as the Building Control Body where:
• We have served an Initial Notice on the Local Authority and this has been accepted before the 1 October 2023 for each building and;
• Works are sufficiently progressed on site before 6 April 2024 and;
• The person carrying out the work have notified the Local Authority and ourselves that works have sufficiently progressed on each building no more than 5 days after date of start.

`Sufficiently progressed` is defined as:
• For a newly erected HRB – Permanent placing of a foundation trench, pad, raft or piling.
• To an existing HRB or change of use – When building work has started.

Please note Gateway 1 applications and HRB’s must still be registered under the BSR and information recorded under the golden thread.

Next Steps

Please contact us if you would like further advice about the transitional provisions and the BSR regime for your projects.

Further Reading

The Building Safety Act 2022
The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023. SI 2023 No. 909
The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023. SI 2023 No.906
The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. DRAFT SI 2023 No. TBC
HSE – Building Control: An overview of the new regime Gateways 2 and 3 – application to completion certificate Published 08/23